Indianapolis Grandparent Visitation Attorney

What legal rights do grandparents have in Indiana? Grandparents in Indiana
have some rights to visitation with and custody of their grandchildren,
although their rights are far less extensive than those of a child’s
parents. The laws regarding grandparents’ rights in Indiana are
quite specific when it comes to eligibility to file a request for court-ordered
visitation rights and the procedures involved in gaining these rights
and others. The
Indiana Department of Child Services recommends that grandparents facing legal matters regarding their grandchildren
consult with an attorney. An
Indianapolis grandparent visitation attorney from Keffer Hirschauer LLP can help you navigate the court system and
laws related to Indiana grandparent rights.

When Do You Need an Indianapolis Grandparent Visitation Attorney?

There are many scenarios in which a grandparent needs the services of an
experienced attorney for grandparents’ rights in Indiana. Issues
related to grandchild visitation or custody may arise after the death
of a child’s parent, when your grandchild’s parents divorce,
or when the parent or parents of your grandchild are not competent or
fit to care for the child or children. In these and other cases, your
relationship with the grandchild’s parent or parents might be strained
and you might be concerned about losing the ability to maintain a relationship
with your grandchild or grandchildren. Some common questions we hear from
grandparents in these situations include:

What legal rights do grandparents have regarding grandchildren in Indiana?

Can a parent deny a grandparent visitation with a grandchild?

Do grandparents have custody rights in Indiana?

An Indianapolis grandparent visitation attorney from Keffer Hirschauer
LLP can answer these and other questions and show the court how the relevant
laws affecting grandparents’ rights in Indiana favor your specific
situation.

Maternal or Paternal Grandparent Defined

Indiana Code § 31-9-2-77 defines “maternal or paternal grandparent” with the purpose
of applying the definition to state law regarding grandparent visitation.
Under this law, a grandparent is the biological or adoptive parent of
the child’s parent. The parent of a child’s adoptive parent
is also considered a grandparent under Indiana law.

What Legal Rights Do Grandparents Have in Indiana?

Individuals who fit the definition of a grandparent in Indiana have the
right to petition the court for visitation rights with their grandchild
or grandchildren under the following circumstances:

Their child, the parent of the grandchild, is deceased

The marriage of the parents of the grandchild is dissolved

The parents of the child were not married at the time of birth

Obviously, these scenarios do not include all of the potential situations
in which Indiana grandparent rights need to be protected. For example,
paternal grandparents with a son whose
paternity has not been established or recognized by the court or the State of Indiana
do not have the right to file for visitation privileges with the son’s
child or children.

The visitation rights of a grandparent are not dependent on their child’s
visitation rights. For example, the denial of visitation rights to a non-custodial
parent does not affect court-ordered grandparent visitation for his or
her parents. To some extent, court orders of visitation rights for grandparents
in Indiana can also protect those privileges when the custodial parent
attempts to relocate. The court may consider excessive burdens related
to grandparent visitation in deciding relocation cases. On the other hand,
if relocation is granted or other changes in circumstances are brought
to the court’s attention, the court can modify grandparent visitation
orders at any time if it is in the best interest of the child or children.

Can a Parent Deny a Grandparent Visitation with a Grandchild in Indiana?

If a court orders visitation rights in accordance with
Indiana Code § 31-17-5-1 or
§ 31-17-5-10, the parent or parents must comply. However, when both parents of the
child are still living and married to each other, Indiana law does not
offer grandparents the ability to bypass the parents’ wishes if
they agree not to allow the grandparents to see or have a relationship
with the children.

If this applies to you and you believe your grandchild or grandchildren
are in danger or are not being provided and cared for appropriately, you
might be able to pursue legal custody or other options. These cases are
extremely complex and require the assistance of an experienced Indiana
family law attorney. An Indianapolis grandparent visitation attorney from
Keffer Hirschauer LLP can assist clients in cases in which child custody
or additional legal rights need to be considered.

An Indianapolis Grandparent Visitation Attorney Can Help You File a Petition
for Visitation Rights

A grandparent who wishes to file for visitation rights in Indiana must
file a petition with the appropriate court.
Indiana Code § 31-17-5-3 details the specific details to be included in the petition. Most cases
should be filed in the circuit, superior, or probate court in the county
where the grandchild resides.

However, in cases of visitation rights sought on the basis of the parents’
divorce, the petition should be filed in the county with jurisdiction
over the divorce proceedings. When the parents’ marriage is dissolved
in a state other than Indiana, additional requirements apply under Indiana
Code § 31-17-5-10. An Indianapolis grandparent visitation attorney
from Keffer Hirschauer will help you file the grandparent visitation petition
properly to avoid the unnecessary issues that can arise as a result from
filing errors.

When a grandparent files a petition for visitation rights, the parents
or guardians of the child are notified by a court
summons. The decision of whether or not to grant Indiana grandparent rights of
visitation is at the discretion of the court. The primary factor to be
considered by the court in these cases is the best interests of the child.
The court may also evaluate the child’s previous relationship and
interactions with the grandparent and may interview the child or children
in chambers to obtain additional information about the relationship.

Do Grandparents Have Custody Rights in Indiana?

Unfortunately, there are times when parents are unable to properly provide
and care for their children. In these cases, grandparents’ rights
in Indiana can include the right to custody of those children in some
cases. An action to request custody of a child in Indiana can be filed
by a parent or any other person seeking custody of a child. When these
actions are filed, the court must evaluate all relevant information about
the child’s interactions with the parents and grandparents and decide
what child custody solution serves the child or children’s best
interests.

When a grandparent has provided care for a child without legal custody
orders, the court may consider that person a
de facto custodian. If a parent wishes to resume care of the child and the grandparent disagrees,
legal intervention may be necessary. In these cases, the court considers
the extent of the care that was provided by the de facto custodian as
well as the conditions under which the parent left the child in that person’s
care. A grandparent determined by a court to be a de facto custodian has
the right to be a party to any child custody and visitation proceedings
and may be granted custody if the court finds it to be in the child or
children’s best interest.

Another scenario that can result in grandparents seeking custody of grandchildren
occurs when the State removes children from their parents’ custody.
In these cases, the adult relatives of the child or children—including
grandparents—must be notified of the removal. When this happens,
the notice must contain information regarding the options for family members
to pursue placement of the children in their homes, including temporary
emergency placement, foster care, adoption, and guardianship. Family members
who do not respond to these notices may lose their rights to obtain custody
of the children later in the legal process.

Grandparents or other family members, especially if they have assumed responsibility
for the care of the children before the removal from parental custody,
do have some priority when it comes to placing children removed from their
parents' care.
Indiana Code § 31-34-4-2 states that preference for child custody in cases of removal from the
parents should be given first to suitable and willing relatives or de
facto custodians.

Do Indiana Grandparent Rights Survive Adoption?

Grandparents who wish to retain visitation rights with their grandchildren
but are not willing or able to assume custody can find themselves in a
difficult legal situation. If a grandparent’s visitation rights
are established by a court prior to the parent or parents’ death
or termination of rights, those visitation rights remain only if the child
is adopted by a stepparent or a biological relative of the child, including
other grandparents, siblings, aunts, uncles, nieces, or nephews. If you
are unable to assume custody of your grandchild or grandchildren but wish
to maintain a relationship with them, it is critical that you consult
an Indianapolis grandparent visitation attorney to evaluate your Indiana
grandparent rights before adoption proceedings take place.

Contact an Indianapolis Grandparent Visitation Attorney

An Indianapolis grandparent visitation attorney from
Keffer Hirschauer LLP can help clients evaluate all of their legal options related to grandparents’
rights in Indiana. These matters are time-sensitive and need to be addressed
before or as soon as problems arise. Call us at (317) 202-1163 or complete our
online contact form to schedule a free consultation.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.